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ICE Investigation into the Wyatt Detention Center

ICE Investigation into the Wyatt Detention Center

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Published by: J Cox on Nov 17, 2009
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OFFICIAL
USE
ONLY
SENSITIVE
DEPARTMENT OF
HOMELAND
SECURITY
Immigration
and
Customs EnforcementOffice
of
Professional Responsibility
REPORT OF
INVESTIGATION
H8420041
Ng.
HluluilUnknawnllncldent CrIticellSlgnlllcantlCENTRAL
FALLS.
PROVIDENCE,
AI
RESOLUTION
7.
RELATED
Conclusion
of Investigation: Hiu
lui
Ng
Page 1
of
33
On
August
e,
2008.
the Joint Intake Center (JIC).
Washtnglon.
D.C
received
Infonnation
reporting
the
death
of
U.S.
Immigration
Enforcement
(ICE). Dellntlon
and Removal
(ORO)
detainee.
named
H1u
L.ul
Ng
Mr.
Ng
was
hospitalized
In
Rhode
Island
on August
1.
2008.when
he
was
Slage
center.
On
August
6,
2008,
Mr. Ng
passed
away
at
the
Rhode
Island Hospital Cenler,
Providence, RI,
while
stUl
detaIned
by
the
Donald
Wyatt
Detention
Facility
(WDF) In
Central Falls. RI.
The ICE.
Offtce
of
Professional Responsibility
(OPR),
ResIdent Agent
In
Charge
(RAe).
Portsmouth.
New
Hampshire was assigned
10
Inveatlgall the conditions
of
delantlon endcircumstances
preceding
Mr. Ng's death.
OFFICIAl. USE
ONLY
SENSITIVE
 
OFFICIAl.
USE
ONLY
seHSITNE
Pag'
2
of
33
DEPARTMENT OF
HOMELAND
SECURITY1.
CASE NUMBER
BACKGROUND:
REPORT
OF lNVESTlGAnoNCONTINUAnoN
...
<IlIIIO-01
On
February 6,
1992.Mr. Ng
entered
the
United
Sletes
at New York
88
8
nonImmIgra~t
with
authorization
to
remain
in
the United Sletes
unUl
February
5.
1993.
Mr.
Ng
remained
Ul
the
U.S.
beyond
his period
of
authorized
stay.
MR.
NG's IMMIGRATION
HISTORY:
On
November
2.2000.
Mr. Ng
was issued a
Notice
to
Appear (NTA)
Form
1-862.
to
appear
before
an
Immigration
judge
In
New
York City.
On
February
2.
2001,Mr.
Ng did not appear for his
removal hesring
and
a removal order
to
China
was
issued
In
absentia.
On
April
20. 2001.
the
INS' Vermont
Service
Center In
St.
Albans.
VT.
recelved
a
Rellillvil!t,
FIIane8le.
or
Orphan)
on
bahalf
of
Mr.
Ng.
from
on
December
13.
2006.
Mr. Ng applied
to
register for Permanent
Residence/AdJustment
of
Status
via Form
1-485.
On
February
11.
2007,
PUfSU8l1iit
o
the
uldellnes
required
during
the adjustmentof status
process,
Mr.
Ng
was
examined
by
Dr.
Medical Doctor
(MO).
AcconI/ng
to
the
Form
1-693
(Medial
ExaminaUon
of
Aliens
USlment
of Status).
Mr. Ng
hed
noapparent
defects. disease.
or
dlsabllilles.
on
June
28. 2007.
a tettar addressed
to
Mr.
Ng
was
sent
to
his
address
of
record
fromU.S.
CItiZenShIp
and
ImmlgraUon
Services
(CIS).
to
appear
on
July
19.
2007, in
New
York
City
for
anadjustment
of
steluelntervlew.
On
July
19,
2007.
Mr.
No
attended the
IId1eduted
appointment at
the
CIS
NYC.
at
which
lime
his
appMcelIon
waa
denied
88
the
ImmigreUon
Judge
ordered
him
removed on
February
2.
2001.
Also
on July
19.
2OO7,ICE
ORO
was contacted
and Mr.
Ng
waa
arrested
based
upon
the Immigration
Judge's
removal
older.
Mr.
No
was transported to
the-!CE'sVarick Street facility.
In
older
to
be
PltlCesssd
for
removal.
AcconIlng
to
the
ICE
ORO
booking
records,
form1-203.
no
health conditions
were
listed.
Mr.
No
was
held
at
the
ICE
ORO
VarlckStreet
"""nltv
OFFICIALUSE
ONLY
SENSITM!
 
OFFICIAL
use
ONLY
8EN8Il1YE
P.8
3
of
33
DEPARTMENT
OF HOMELAND
SECURITY
1.
CASE
NUMBER
10.
NARRATIVE
REPORT OF
INVESTIGATIONCONTINUATION
HB420lWll
On
August
27,2007,
Mr.
Ng's motion
to
reopen his
removal
hearing
was
denied
by
the Immigrationjudge
who
ruled
thai
Mr.
Ng
fated
to
artlcutete
sufficfent
justification
10
excuse
his
failure
to
appaaral his
Fabruary
2,
2001.
removal
hearing.
On
August
31,2007,
an
appeal
of
Iha
immigration
judge's danlal
to
reopen
Mr.
Ng's
case
was
appealed
to
the
Board
of
Immigration
Appeals
(BIA).
On
0cI0bar
3,
2007,
a
Stey
of
Removal
for
Mr.
Ng
was
granted by Iha
Board
of
ImmigrationAppeals.
On
October
18, 2007,
the
BIA dlsmiued
Mr. Ng's
appeal
and
rescinded
the
stey of
removal.
On
October
19,
2007,
Mr.
Ng
wea
advised
by
ICE
ORO
thellhay
were
In
possession
of
a travel
document
to
faciHtete
his
removal
to
the
People's
Republic
of
China.
Mr.
Ng
was also
advised
that
his removal would
occur
someUme
In
November
2007.
Subsequently, Mr.
Ng's
removal
was
scheduled
for
Novembar
16,
2007.
On
November
7,
2007,
a petition for
review
(PFR)was
flied
on
Mr.
Ng's behalf
with the
U.S.
Court
of
Appeals
for
the
Second
Circuli, requesting
that
the
Court raview
the
BlA's
decision
affirming
the
immlgraUon
judge's
danial
of
Mr.
Ng's
MoHon
to
Reopen.
In
addiUon,
a Slay
of
Removal
was
also
requesled.
The
Second
Circuli granted a stay
of
removal
while
Iha
court
consldared
the
maills of
Mr.
Ng's
petition
for
review.
On
the same
dale,
e Petillon
for
Wril of
Habeas
Corpus
with
Emergency Order
\0
Show
cause
wilhln
Ihreii!!Eda
uant
to
28
U.S.C.
§
2241
erseq.,
was
also
flied
on
Mr.
Ng's
behalf
by
Altomeys
and
_
In
this
petition, It
Isalso claimed
that
Mr.
Ng
was
denied
medical
treatment
an
access
to
counsel.
Mr.
Ng's
Stay
at
the
Wyatt Detention Facllty
(July
20.2007 -January 10.
2008)
On
Mr.
Ng
was
to
Iha
DonaldW.
Wyatt Delentlon
OFFICIAL
USE
ONI.YSENSITIVE

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